Part 36 Uplift – all or nothing

Part 36 of the Civil Procedure Rules remains one of the most powerful tactics available to those involved in disputes. One thing that makes it so powerful is the combination of benefits and sanctions that concentrate the mind. This includes the 10% uplift that is available to a party which beats its own offer. Part…

Happy New Year – what awaits us in 2020

Firstly, Happy New Year to all our connections. Here’s to a busy and productive 2020. So what lies in store for costs lawyers as we look ahead? The one topic that will dominate the year is the reforms introduced in the Civil Liabilities Act 2018. The main provisions of the Act which relate to RTA…

Flight delay costs dispute heads to the Supreme Court

Solicitors have an extremely important protection in relation to recovery of their costs from clients. This is the Solicitors’ Lien. What it means in effect is that they have a first call on any money recovered for their client. This is an important right in those cases where it is not possible to recover all…

Provide costs updates … or pay the price!

All solicitors know, or should know, that they are under a duty to inform their clients about how much their services will cost. Under the old SRA Handbook this was a duty to give – “the best possible information, both at the time of engagement and when appropriate as their matter progresses, about the likely…

Turning the QOCS back?

QOCS or Qualified One-Way Costs Shifting was introduced to protect the position of Personal Injury Claimants. In 2013 such claimants lost the right to recover, from the other side, the cost of insurance against the risk of adverse costs. The trade-off was QOCS. An unsuccessful claimant would not be ordered to pay the costs of…